Exploiting a ''Heady Mix''

Feb 20th 2006, C.P. Chandrasekhar
It is boom time for the Indian economy, Finance Minister P. Chidambaram periodically reminds us. He has figures to back his case. Most recently, the CSO has released ''advance estimates'' of national income for 2005-06, which place GDP growth at 8.1 per cent as compared with 7.5 per cent in 2004-05. This optimistic projection, pointing to the sustenance of the recovery since 2003-04, combined with the rapid climb of the Bombay Stock Exchange's sensitive index (Sensex) to a record-breaking 10,000-plus level was in his view a ''heady mix''.

Given, the GDP growth figures, one cannot grudge the current government and its Finance Minister a little intoxication. But what they need to be careful about is the way they interpret these numbers and the lessons they take home from the party. According to media reports, there are at least two conclusions that the Finance Minister has derived from the figures. In his view: "The Sensex reflects business confidence and the strong fundamentals of the economy,'' to sustain which "we should continue to remain on the path of tight fiscal control'' since it is the adoption of such a fiscal stance that has given India this growth.

Clearly then, in the Minister's perception, it is growth that drives the Sensex and it is the government's prudent fiscal policy that drives that growth. That is, we should all be thankful for the prudence exercised by the Finance Minister and his colleagues that gives at least some of us a high. However, even at the cost of sounding churlish when the balloons are about to pop, a call for sobriety is in order, for a number of reasons.

First, as the observant many who have braved the potholes and taken the drive out of Greater Bombay, Bangalore, Chennai, Hyderabad, Delhi, and Kolkata have noted, an overwhelming majority of Indians who populate the rural areas, have been largely left out of the party. So have large numbers of the urban poor whose presence cannot be hidden by the sprawling malls of the new mega-cities. Agriculture, rural industry and the urban informal sector have performed poorly for too long, partly because fiscal ''prudence'' of a kind that provides tax concessions to the well-to-do, erodes government revenues and cuts expenditures to rein in the fiscal deficit. Curtailed revenue growth and reduced deficits have meant too little money for much needed investments in irrigation, drainage, health facilities and educational infrastructure. Mr. Chidambaram himself would recall the many dream budgets he was personally responsible for, that affect revenue growth adversely and create anomalies of the kind where a lower-middle class salary earner pays taxes on income, whereas speculators in India's booming stock markets are exempt from taxes on the huge capital gains they garner.

The same growth figures that Mr. Chidambaram quotes when broken down by sector, point to the sharp variations in growth rates between agriculture, on the one hand, and manufacturing and services, on the other. Agricultural GDP grew at 0.7 per cent in 2004-05 and is expected to rise by just 2.3 per cent in 2005-06. Distorted growth has significant social implications. The boom sectors are not able to offer employment opportunities that can draw out the large numbers languishing in rural India, so that the latter can share in the joys of India's urban buoyancy. If incomes grow in manufacturing and services but employment stagnates or barely rises, it must be true that there are just a few who benefit from the increment in national income. Add to this the fact that even in manufacturing and services there are a few firms, units or individuals that are doing well, whereas many others perform indifferently or poorly, then inequalities must be even wider. Not surprisingly the list of Indian millionaires and billionaires lengthens while income poverty, malnutrition and illiteracy persists. Maybe it is time to be gracious and inclusive, and widen the invitees to the hitherto restricted celebration.

Second, there is reason to believe that the two ingredients of the Finance Minister's boom cocktail have little to do with each other. Even if not as spectacular as the CSO projects it to be, aggregate GDP growth in India has been creditable since the 1980s. But the sustained and rapid rise of the Sensex is much more recent. The Bombay Sensex rose from 3727 on March 3, 2003 to 5054 on July 22, 2004, and then on to 6017 on November 17, 2004, 7077 on June 21, 2005, 8073 on November 2, 2005, 9067 on December 9, 2005, 10082 on February 7, 2006 and 10113 on February 15, 2006. The implied price increases of more than 100 per cent over a 19-month period and 33 per cent over the last three and a half months are indeed remarkable.

Market observers, the financial media and a range of analysts concur that FII investments have been an important force, even if not always the only one, driving markets to their unprecedented highs. Having amounted to $2.84 billion during 2001, net FII investment dipped to $740 million during 2002. The surge began immediately thereafter and has yet to come to an end. Inflows rose to $6.59 billion during 2003, $8.52 billion 2004, 10.70 billion in 2005 and are estimated to have exceeded $1.5 billion (or an annualised $12 billion) during the first one and a half months of 2006. Going by data from the Securities and Exchange Board of India (SEBI), while cumulative net FII flows into India since the liberalisation of rules governing such flows in the early 1990s till end-March 2003 amounted to $15,804 million, the increment in cumulative value between that date and the middle of February 2005 was $26,924 million.

If the Finance Minister is to argue that this surge in FII flows is the result of strong economic fundamentals, then he is suggesting that for more than a decade, the accelerated economic liberalisation launched initially by a Congress government had not been able to deliver the fundamentals needed to attract adequate capital flows. Moreover, since the period prior to and when the surge began was one of NDA rule, he is possibly also unconsciously suggesting that it needed a non-Congress government to shape the necessary fundamentals. Fortunately for him, we can save him the embarrassment of facing up to his implicit confessions, since it is clear that what underlies the surge is not changed economic fundamentals but an engineered stimulus in the form of the rules governing FII investment: its sources, its ambit, the caps it was subject to and the tax laws pertaining to it.

Even before the budget of 2002-03, the cap which was to apply on FII investments in individual companies had been relaxed. Foreign institutional investors could invest in excess of 24 per cent of the paid up capital of a company with the approval of the general body of the shareholders granted through a special resolution. The 2002 budget went further and declared that FII (portfolio) investments will not be subject to the sectoral limits for foreign direct investment except in specified sectors. These changes obviously substantially expanded the role that FIIs could play even in a market that was still relatively shallow in terms of the number of shares that were available for active trading. Further, inasmuch as the process of liberalisation keeps alive expectations that the caps on foreign direct investment in different sectors would be relaxed over time, acquisition of shares through the FII route today paves the way for the sale of those shares to foreign players interested in acquiring companies as and when FDI norms are relaxed. This creates the ground for speculative forays into the Indian market. Figures relating to end December 2005 indicate that the shareholding of FIIs in Sensex companies has been increasing at the cost of promoters and stood at 29.2 per cent. The latter's holding has decreased from 51.5 per cent to 49.7 per cent between December 2004 and December 2005. Given variations across companies this would imply ownership of a controlling block by the FIIs in some firms which can be transferred to an intended acquirer at a suitable price.

That such speculators are present here is clear from the type of investors who are making investments through the FII route. Market observers have noted the growing presence in India of institutions like Hedge Funds, which are not regulated in their home countries and resort to speculation in search of quick and large returns. These hedge funds, among other investors, exploit the route offered by sub-accounts and opaque instruments like participatory notes to invest in the Indian market. FIIs registered in India are permitted to undertake investments on behalf of clients who themselves are not registered in the country. These clients are the so-called ‘sub-accounts' of registered FIIs. Other investors use instruments like participatory notes sold by FIIs registered in the country to clients abroad. These are derivatives linked to an underlying security traded in the domestic market. They not only allow the foreign clients of the FIIs to earn incomes from trading in the domestic market, but to trade these notes themselves in international markets. By the end of August 2005, the value of equity and debt instruments underlying participatory notes that had been issued by FIIs amounted to 47 per cent of cumulative net FII investment. Through these routes, entities not expected to play a role in the Indian market can have a significant influence on market movements. In October 2003, The Economist reported that: ''Although a few hedge funds had invested in India soon after the country began liberalising its financial markets in the early 1990s, their interest has surged recently. Industry sources estimate that perhaps 25-30 per cent of all foreign equity investments are now held by hedge funds.''

The interest of speculative forces of this kind was whetted by a major decision taken in the budget for 2003-04 to render the speculative gains registered by these investors free of capital gains tax. Budget speech 2003-04 declared: ''In order to give a further fillip to the capital markets, it is now proposed to exempt all listed equities that are acquired on or after March 1, 2003, and sold after the lapse of a year, or more, from the incidence of capital gains tax. Long term capital gains tax will, therefore, not hereafter apply to such transactions. This proposal should facilitate investment in equities.'' Long term capital gains tax was being levied at the rate of 10 per cent up to that point of time. The surge was no doubt facilitated by this significant concession. What needs to be noted is that the very next year, P. Chidambaram as Finance Minister of the current UPA government endorsed this move. In his 2004 budget speech he announced his decision to ''abolish the tax on long-term capital gains from securities transactions altogether.'' It is no doubt true that he attempted to introduce a securities transactions tax of 0.15 per cent to partially neutralise any loss in revenues. But a post-budget downturn in the market forced him to reduce the extent of this tax and curtail its coverage, resulting in a substantial loss in revenue. In the event, fiscal extravagance rather than fiscal prudence finally triggered the speculative surge in stock markets that still persists.

The implications of this extravagance can be assessed with a back-of-the-envelope calculation which, even while unsatisfactory, is illustrative. Market capitalization in the Bombay Stock Exchange stood at Rs. 16,85,989 crore at the end of 2004. This rose by more than Rs. 803,000 crore to Rs. 24,89,386 crore at the end of 2005. If we assume for purposes of our illustration that this is indicative of the gains registered by every one who traded shares after holding them for a year, the capital gains tax they would have had to pay would have amounted to Rs.80,000 crore. This is equivalent to the total receipts from Corporation Tax in financial year 2004-05 and a quarter of the gross tax revenue of the Centre in that year. While actual transactions in the market would not have yielded capital gains of this magnitude and while it may be true that the surge in the market may not have occurred if India had not been made a capital gains tax haven, these numbers point to the kind of losses we are possibly talking about. They make nonsense of the claim that it is fiscal prudence and strong fundamentals that have ensured buoyancy in the stock market. Rather, fiscal extravagance in the form a huge tax concession to the domestic and foreign super rich has delivered the ''bonanza''. The attendant implication is that resources that could have been mobilized for employment programmes, for social expenditures and for much needed capital investment have been squandered.

Mr. Chidambaram is, of course, intelligent enough to have recognised all this, especially since he played a role in the unfolding game. If he has yet chosen to use GDP growth figures to whitewash the nature and sources of the speculative boom, there must be adequate reasons. One is that he can use these numbers to justify in the name of ''fiscal prudence'' his ''inability'' to provide adequately for much-needed social and capital expenditures. Another, is that he, along with the Prime Minister and the Deputy Chairman of the Planning Commission, can use the ruse that liberalisation has delivered India's ''heady'' economic performance to press ahead with liberalisation measures that allies and supporters of the current government oppose.

The evidence for the latter is overwhelming. Besides privatisation of airports, FDI in retail and opening up a host of new sectors for 100 per cent foreign investment through the automatic route, it is being reported that formal moves are afoot to launch over the next four months a series of initiatives to provide ''a significant push to economic reforms''. These initiatives include relaxing environmental restrictions on construction in metro areas, introducing legislation at the State level that can facilitate contract farming, removing 250 items reserved for the small scale sector from the currently reserved list, modifying labour laws to allow for an increase in the work week from 48 to 60 hours, amending the Industrial Disputes Act to give units flexibility to hire seasonal workers and amending the Contract Labour Act to increase labour flexibility.

Fortunately, there are forces within and outside government that are bound to strongly oppose indiscriminate liberalisation of this kind justified on specious grounds. Unfortunately, however, battles of this kind are making clear that economic policy is being hijacked by a few who do not stand for the programme which the electorate voted for in the last election and on the basis of which this government was installed in power. The energy lost in these battles may setback the development agenda to an extent where the current government may find it difficult to return to power, even if it manages to complete its term.

 

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